CHAPTER 13
HOUSE BILL No. 2701
An Act concerning school districts; relating to persons authorized
to sign certifications of
health of employees; amending K.S.A. 1999 Supp. 72-5213 and
repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
72-5213 is hereby amended to read as
follows: 72-5213. (a) Every board of education shall require
all employ-
ees of the school district, who come in regular contact with the
pupils of
the school district, to submit a certification of health
signed by a person
licensed to practice medicine and surgery under the laws of
any state on
a form prescribed by the secretary of health and environment and
signed
by a person licensed to practice medicine and surgery under the
laws of
any state, or by a person who is registered as a physician's
assistant under
the laws of this state when such person is working at the
direction of or
in collaboration with a person licensed to practice medicine and
surgery,
or by a person holding a certificate of qualification to
practice as an
advanced registered nurse practitioner under the laws of this
state when
such person is working at the direction of or in collaboration
with a person
licensed to practice medicine and surgery. The certification
shall include
a statement that there is no evidence of physical condition that
would
conflict with the health, safety, or welfare of the pupils; and
that freedom
from tuberculosis has been established by chest x-ray or negative
tuber-
culin skin test. If at any time there is reasonable cause to
believe that any
such employee of the school district is suffering from an illness
detri-
mental to the health of the pupils, the school board may require a
new
certification of health.
(b) Upon presentation of a signed
statement by the employee of a
school district, to whom the provisions of subsection (a) apply,
that the
employee is an adherent of a religious denomination whose
religious
teachings are opposed to physical examinations, the employee shall
be
permitted to submit, as an alternative to the certification of
health re-
quired under subsection (a), certification signed by a person
licensed to
practice medicine and surgery under the laws of any state, or by
a person
who is registered as a physician's assistant under the laws of
this state
when such person is working at the direction of or in
collaboration with
a person licensed to practice medicine and surgery, or by a
person holding
a certificate of qualification to practice as an advanced
registered nurse
practitioner under the laws of this state when such person is
working at
the direction of or in collaboration with a person licensed to
practice
medicine and surgery that freedom of the employee
from tuberculosis has
been established.
(c) Every board of education may require
persons, other than em-
ployees of the school district, to submit to the same certification
of health
requirements as are imposed upon employees of the school district
under
the provisions of subsection (a) if such persons perform or provide
serv-
ices to or for a school district which require such persons to come
in
regular contact with the pupils of the school district. No such
person shall
be required to submit a certification of health if the person
presents a
signed statement that the person is an adherent of a religious
denomi-
nation whose religious teachings are opposed to physical
examinations.
Such persons shall be permitted to submit, as an alternative to a
certifi-
cation of health, certification signed by a person licensed to
practice med-
icine and surgery under the laws of any state, or by a person
who is
registered as a physician's assistant under the laws of this
state when such
person is working at the direction of or in collaboration with a
person
licensed to practice medicine and surgery, or by a person
holding a cer-
tificate of qualification to practice as an advanced registered
nurse prac-
titioner under the laws of this state when such person is
working at the
direction of or in collaboration with a person licensed to
practice medicine
and surgery that freedom of such persons from
tuberculosis has been
established.
(d) The expense of obtaining
certifications of health and certifications
of freedom from tuberculosis may be borne by the board of
education.
Sec. 2. K.S.A. 1999 Supp. 72-5213 is hereby
repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 16, 2000.
__________